South Carolina DOC Adult Pay to Stay Policy
| Tracking # |
0294-22 |
| Submitted | Dec. 21, 2022 |
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Communications
From: Elijah Salisbury
To Whom It May Concern:
Pursuant to the South Carolina Public Records Law, I hereby request the following records:
1) All current policies and procedures regarding medical and room & board costs or fees for which inmates are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).
2) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of individuals charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
Sincerely,
Elijah Salisbury
From: Department of Corrections
To whom it may concern,
The South Carolina Department of Corrections is in receipt of your attached FOIA request regarding Pay to Stay Policy as of today, December 21, 2022. Your request has been assigned request number FOIA-0294-22. Please use this number in future correspondence regarding this request. As required by S.C. Code Ann. §30-4-30(c), you will receive a determination regarding the availability of these records within the applicable statutory timeframe.
Sincerely,
SCDC FOIA Office
Post Office Box 21787
Columbia, SC 29221-1787
FOIA@doc.sc.gov<mailto:FOIA@doc.sc.gov>
From: Department of Corrections
To whom it may concern,
The South Carolina Freedom of Information Act enumerates several matters which are exempt from disclosure pursuant to the Act or are excluded from the Act’s definition of a public record. Some of the records which you have requested in request 0294-22 are subject to one of these exemptions or exclusions. Specifically, some of the records you have requested are exempt or excluded based on the below listed sections of the FOIA statute. I have forwarded your request to the appropriate records custodians to obtain the requested documents if available. You will receive these records within the applicable statutory timeframe pursuant to SC Code § 30-4-30(c). Please note that these records may be redacted pursuant to the below or any other applicable exemptions or exclusions.
Applicable exemption(s) and/or exclusion(s):
S.C. Code § 30-4-20(c) Security plans and devices are specifically excluded from the definition of the term “public record.”
Sincerely,
SCDC FOIA Office
Post Office Box 21787
Columbia, SC 29221-1787
FOIA@doc.sc.gov<mailto:FOIA@doc.sc.gov>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following South Carolina Public Records Law request, copied below, and originally submitted on Dec. 21, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #0294-22.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Corrections
Mr. Salisbury,
The current FOIA law outlines the FOIA process in two main parts with separate deadlines for each part. First, the public body is required to notify the requester of the public body’s determination regarding “the public availability of the requested public record[.]” If the records requested are two years old or less then the public body must provide this notification within ten business days of the date it received the request. If the records requested are more than two years old this notification must be made within 20 business days of the date the request was received. The second main part of the FOIA process is production of any available records. The deadlines for actually producing the records run from the date the notification regarding availability was provided. The public body has 30 calendar days where the records requested are two years old or less and 35 calendar days where they are more than two years old. All of this information is from SC Code § 30-4-30(C).
We received your request on December 21, 2022. The statute required us to provide you with our determination regarding the availability of the requested records within 10 business days which was January 9, 2023. We sent that determination via email on January 9, 2023. We now have 30 calendar days from January 9, 2023 to provide you with the available records responsive to your request. That is February 8, 2023. We will provide the records on or before February 8, 2023. We work hard to produce records as quickly as possible.
If you would like to review the language of the statute itself regarding these deadlines you can access it on The South Carolina Legislature’s website. South Carolina Code of Laws (scstatehouse.gov)<https://www.scstatehouse.gov/code/statmast.php>
Sincerely,
SCDC FOIA Office
Post Office Box 21787
Columbia, SC 29221-1787
FOIA@doc.sc.gov<mailto:FOIA@doc.sc.gov>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following South Carolina Public Records Law request, copied below, and originally submitted on Dec. 21, 2022. You had previously indicated that it would be completed on Feb. 8, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #0294-22.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Corrections
Mr. Salisbury,
Pursuant to the South Carolina Freedom of Information Act’s requirement that we make public records available for “inspection or copying,” codified in SC Code Ann. 30-4-30(a), the SCDC non-restricted policies and procedures available on our website here: http://www.doc.sc.gov/disclaimer.html You can also access them from our homepage (http://www.doc.sc.gov/) via the following steps: Choose General Counsel under Quick Links on the right hand menu. Once you are on the General Counsel’s page, choose SCDC Policies under Quick Links on the right hand menu. Then you will be able to choose the policies you are interested in from the list of SCDC policies.
The policies we believe are responsive to your request are:
ADM-15.01 Repayment of Costs by Inmates
ADM-15.10 Work Release Accounting
ADM-15.12 E. H. Cooper Trust Fund
ADM-15.13 Inmate Pay
ADM-16.08 Commissary Operations
GA-01.03 Inmate Access to the Courts
HS-18.17 Medical Co-payment
OP-21.04 Inmate Classification Plan
OP-21.06 Inmate Identification Cards
OP-21.09 Inmate Records Plan
OP-22.14 Inmate Disciplinary System
OP-22.36 Damage, Destruction, and Abuse of Property
OP-22.53 Inmate Tablets and Kiosks
PS-10.08 Inmate Correspondence Privileges
The provided records reflect deductions taken from the pay of inmates who work in prison industries or work release jobs as indicated. Were restitution is owed by inmates who do not work at paid employment, deductions can be made from non-wage deposits into their E.H. Cooper account. We do not track these types of deductions agency-wide. The only records related to these deductions that exist are the individual financial records for each account. These are not available under FOIA.
All available responsive documents have now been provided to you. As such, FOIA-0294-22 is closed.
Sincerely,
SCDC FOIA Office
Post Office Box 21787
Columbia, SC 29221-1787
FOIA@doc.sc.gov<mailto:FOIA@doc.sc.gov>
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